MATTER OF SCHWARTZ v. DELAWARE NAT'L BANK


39 A.D.2d 796 (1972)

In the Matter of the Claim of Dorothea Schwartz (Diechmann), Respondent, v. Delaware National Bank et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 18, 1972


Appellants seek to offset a lump sum remarriage award to the widow claimant against a weekly overpayment to her of $2.84 in death benefits extending over a 16-year period. Respondent board found the carrier guilty of laches and restricted overpayment credit to payments made subsequent to December 16, 1968, the date carrier recognized its error committed March 1, 1953. Appellants contend that laches may not be asserted against a political subdivision of the State, and that...

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